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IN THE COURT OF SESSION, KOZHIKODE DIVISION
Present:- Sri. Muralee Krishna. S, Sessions Judge
Friday the 19th day of July, 2024/28th day of Ashadam, 1946

CRIMINAL MISCELLANEOUS CASE No. 1264/2024
(Crime No. 397/2024 of Kakkur Police Station)
Between:-
1 Bijesh. P.P, S/o. Bhaskaran,
aged 41 years, Parakkot Poyilil House,
Kannankara (PO), Chelannur, Petitioners/
Kozhikode – 673 616. Accused No. 1 and 2
2 Krishnalalu. P, S/o. Sekharan,
aged 45 years, Parakkot Poyilil House,
Kannankara (PO), Chelannur,
Kozhikode – 673 616.
And:-
State of Kerala, Rep. by SHO,
Kakkur Police Station Respondent/Complainant
by Public Prosecutor, Kozhikode.
This petition filed u/s. 439 Cr.P.C. praying to release the petitioners on bail,
pending disposal of the case.
This petition coming on this the 18 th day of July 2024 for orders before me
upon perusing the petition and upon hearing the arguments of
Sri. Deepu. B.V, Advocate for the petitioner and the Public Prosecutor for the
State and having stood over to this day for consideration and the court passed the
following:-
ORDER
This is a petition filed under Section 439 Cr.P.C.(483 of BNSS)

2. The petitioners are the accused in Crime No.397/2024 of Kakkur
Police Station, registered under Sections 341, 324, 326 and 307 read with
Section 34 of IPC and Section 3(2)(v) of SC/ST (PoA) Act.
3. The prosecution case is that on 04.06.2024 at about 20.00
hours, from the road margin near Chelannur Grama panchayath Health &
Wellness Centre situated at Chelannur village, accused attacked the
husband of the defacto complainant who is a member of Scheduled Caste
by using sword and iron rod resulting serious injuries to his head, both hands
and both legs. Thus the accused committed the above offences.
4. Heard both sides and perused the bail objection report filed by
the Deputy Superintendent of Police, Thamarassery Sub Division,
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Kozhikode Rural and the case diary. The victim was absent at the time of
hearing the bail petition, though he was served with notice by the investigating
officer as instructed by this court.
5. The point that arises for consideration is;
‘Whether the petitioners/accused are entitled for regular bail, as prayed for ?’
6. The point:- The learned counsel for the petitioners/accused
submitted that this is the second petition for bail filed by the petitioners/accused
and the investigation of the offence has almost reached its final stage. The
petitioners are ready to co-operate with the investigation.
7. The learned Public Prosecutor submitted that the defacto
complainant has suffered serious injury in the alleged incident and granting bail
to the petitioners at this stage of investigation will adversely affect the smooth
completion of the investigation.
8. The case diary produced by the investigating officer would show
that investigation of the above offence has almost reached its final stage. The
petitioners were arrested on 13.06.2024 and since then they have been in
judicial custody. This is the second petition for bail moved by the
petitioners/accused. Their previous petition was dismissed by this court as it
was filed in the early stage of investigation. However, while considering the
fact that now the investigation of the offence has almost reached its final stage,
I am of the view that the petitioners can be released on bail by imposing strict
conditions. The point answered accordingly.
In the result, the petition is allowed as follows:-
1. The petitioners/accused shall be released on bail on their
executing bond for Rs.50,000/- each with two solvent sureties
each for the like sum to the satisfaction of this court.
2. The petitioners/accused shall appear before the Investigating
Officer on every Mondays between 10.00 a.m and 11.00
a.m till the completion of the investigation of this case or for a
period of 3 months, whichever event occurs first.
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3. The petitioners/accused shall not threaten or influence the

material witnesses in any manner.
4. The petitioners/accused shall not involve in any other offence
while they are on bail.
(Dictated to the PA, transcribed by her, corrected and pronounced by me in

open court, this the 19th day of July, 2024).
sd/-
Sessions Judge
//True copy//
Copy to: Jr. Superintendent
1. The Deputy Superintendent of Police, Thamarassery

2. The Superintendent of the Jail concerned.
3. The SHO Kakkur Police Station.
4. The Public Prosecutor.
Typed by : Liji. A. P
Comp. By : Asbija. T
4
Fair / Copy of Order

in CMC No.1264/2024
Dated: 19.07.2024

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IN THE COURT OF SESSION, KOZHIKODE DIVISION

Present:- Sri. Muralee Krishna. S, Sessions Judge

Friday the 19th day of July, 2024/28th day of Ashadam, 1946

This is a petition filed under Section 439 Cr.P.C.(483 of BNSS)

3. The petitioners/accused shall not threaten or influence the

(Dictated to the PA, transcribed by her, corrected and pronounced by me in

Copy to: Jr. Superintendent

1. The Deputy Superintendent of Police, Thamarassery

Fair / Copy of Order

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